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LAW FOR THE IDIOTS: Day 7 (Legal Separation)

Wala tayong divorce sa Pilipinas (although legal separation is also termed as “relative divorce”). Palibhasa conservative tayong mga Pilipino, it is even embodied in our very own Constitution to strengthen family ties. Naging pamantayan na sa pagkokonsidera ng pagdismiss ng legal separation, annulment or declaration of nullity ang sinasabi ng 1987 Constitution na “the State recognizes the sanctity of family life and shall protect and strengthen the family as a basic social institution.”

Same thing kung halimbawa the respondent spouse was found guilty beyond reasonable doubt of a crime and he was sentenced of four months of imprisonment. Hindi pa rin pwede. Kasi ang sabi ang parusang imprisonment should be more than six years.

Drug Addiction, Habitual Alcoholism, Lesbianism and Homosexuality

Later in Day 8, you will notice that drug addiction, habitual alcoholism, lesbianism and homosexuality are the same with the ground for annulment. Ang pagkakaiba lang nila, itong mga ito constitute FRAUD that exist even prior to the celebration of marriage as a ground while dito sa legal separation, nag exist lang sila after na ng celebration ng marriage.

So paano nga ba masasabing may abandonment? Kapag walang intention ng bumalik ang asawa sa kanilang bahay, it would suffice to constitute abandonment. Sabi sa Article 101 ng Family Code, the spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling.

Kung mag sasampa ka ng legal separation, dapat gawin mo iyan within five (5) years from the time of the occurrence of the cause. Take note: from the time of the occurrence. HINDI from the time of the discovery. Magkaiba po iyon. So let’s say ang sexual infidelity ng asawa mo ay nangyari 6 years ago but you only discovered about it recently, ang bilang po ng 5 year prescription period ay from the time of occurrence which, in this case, is 6 years ago. So wala na. Kasi may limang taon ka lang e. Kahit pa sabihin nating recently mo lang nadiscover yan.

where the aggrieved party has condoned the offense or act complained of;

where the aggrieved party has consented to the commission of the offense or act complained of;

where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;

where both parties have given ground for legal separation;

where there is collusion between the parties to obtain the decree of legal separation; or

where the action is barred by prescription (may 5 years ka lang para isampa ang legal separation from occurrence of the cause of action).

Pero other than these 6, meron pang 2 additional. Eto ay ang (1)reconciliation of the parties during the pendency of the action (Art. 66 par. 1, FC); at (2)death of either party during pendency of action (naku naman, obvious ba?!).

O eto ha. The mere fact that you continued cohabitating with the guilty spouse despite your knowledge of his/her infidelity means that it is an implied condonation (Bugayong vs. Ginez, 100 Phil. 616 [1956]).

So ano nga ba ang effect ng legal separation? Eto o:

1. the spouses can live separately (Art. 63, FC)

2. the properties shall be dissolved and liquidated, and the share of the guilty spouse shall be forfeited in favor of the common children, previous children, or innocent spouse [in order] (Art. 63. cf. Art 43, par. 2)

3. custody of the minor children shall be awarded to the innocent spouse (Art. 63, FC, cf. Art. 213)